City of Seattle v. John C. Regan & Co.

Citations

• 52 Wash. 262
• 100 P. 731
• 1909 Wash. LEXIS 1105

Syllabus

<p>Indemnity — Agreement to Save Harmless from Judgments— Conclusiveness of Judgments — Negligence of City Contractor— Bonds. In an action upon a contract and bond of indemnity given by sidewalk contractors and tbeir surety, wherein they agreed to save the city harmless from all actions and judgments for damages by reason of the negligence of the contractor, a judgment recovered against the city in an action the defense of which was duly tendered to the contractors and surety, is conclusive against them of the fact that a defect existed in the street, and was not properly guarded; the only question remaining being whether the contractors were the responsible cause of the defect.</p> <p>Same — Cause of Accident — Evidence—Sufficiency—'Municipal Corporations — Streets. In an action upon an indemnity bond there is sufficient evidence to sustain a finding that sidewalk contractors were responsible for a defect in a street, consisting of protruding spikes left after tearing up planks, where one of their employees testified to haying torn out the planks, although he claimed that he drove down all protruding spikes and nails, it having heen conclusively determined in another action that he was mistaken in such claim.</p> <p>Same — Defenses—Dischaege of Indemnitoes — Dilatoby Objections- — Effect of Waives. The fact that an action against a city for damages was prematurely commenced, after rejection of the claim (the charter provisions requiring a delay of sixty days) and waiver of the objection by the city’s counsel, is not a bar to a recovery over against contractors and a surety upon an indemnity contract and bond to save the city harmless from the action, where they refused to appear and defend; since the same amounted to only a dilatory objection and would not have barred another action.'</p>